Moreover, the testimony of both these witnesses, suborned as they were
alike by their terrors and their hopes, is perfectly reconcilable with the
alternative hypothesis, either that the woman in what she did was an
innocent dupe of the fascinating actor, or that she was unaware of the
sudden transformation of the long-pending plot to capture, of which she
might have been a tacit well-wisher, into an extemporaneous plot to kill.
Much stress was laid by Mr. Bingham on her solemn denial of any prior
acquaintance with Payne when confronted with him on the night of her
arrest. But it is more than probable that the non-recognition was
unsimulated, because of the disguise and pitiable plight of the desperado,
who had been hidden in the mud of the suburbs three days and three nights,
and, also, because the non-recognition was shared with her by the other
ladies of the house. Besides, that a woman, caught in the toils in which
Booth and her own son had unwittingly involved her, under the terror of
recent arrest and imminent imprisonment, should have shrunk from any
acknowledgment of this midnight intruder, even to the extent of falsehood,
certainly is in no wise incompatible with innocence.
These are the only circumstances by which Mrs. Surratt is brought nearer
than conjectural connection with the assassination, and the force of these
is greatly weakened by the testimony in her defense.
It is neither necessary, nor relevant to this exposition, to enter into a
lengthy discussion upon the _pros_ and _cons_ of her case. Her innocence
has been demonstrated in a more decisive manner by subsequent events, and
stands tacitly admitted by the acts of the officers of the government. Few
impartial hearers would have said then, and no impartial readers will say
now, that the testimony against her is so strong as to render her
innocence a mere fanciful or even an improbable hypothesis. No one can say
that a jury, to a trial by which she was entitled under the Constitution,
would have pronounced her guilty, and every one will admit that had her
sentence been commuted to imprisonment for life, as five of her judges
recommended, she would have been pardoned with Arnold, Spangler and Mudd,
and might have been living with her daughter to-day. The circumstances of
the whole tragedy warrant the assertion that, had John H. Surratt been
caught as were the other prisoners, he, and not she, would have been put
upon trial; he, and not she, would have been condemned to death; he, and
not she, would have died by the rope. If he was innocent, then much more
was she. Mary E. Surratt, I repeat, suffered the death of shame, not for
any guilt of her own, but as a vicarious sacrifice for the presumed guilt
of her fugitive son.
PART II.
THE VINDICATION.
CHAPTER I.
SETTING ASIDE THE VERDICT.